This is an outdated version published on 2023-09-10. Read the most recent version.

The Validity of the Evidence Obtained Illegally in the Administrative Investigation

Doi:https://doi.org/10.37940/JRLS.2023.4.1.15

Authors

  • حسام الدين فيصل كوكز المحمدي

    husamal-deen.f@uofallujah.edu.iq

    جامعة الفلوجة
  • Assistant Prof.Dr. Mohammed Ahmed Raheel

    Mohmmed.rh@tu.edu.iq

    College of Administration and Economics University of Tikrit

Abstract

Administrative proof is subject to special rules that distinguish it from criminal proof. Even If the proof in other branches of law is important, in administrative proceedings it is of particular importance due to the fact that administrative law is unqualified and judiciary-made and there is no procedural legislation that can distinguish it from criminal and civil proceedings. The administrative investigation will determine the fate of the staff member charged with an offense between conviction and innocence, with all the consequences associated with the staff member's reputation, function, liberty, job, and financial affairs, all that depends primarily on the evidence presented if it is in the employee's interest or against him. This evidence must be clear, acceptable, and legitimate. It is not easy to determine the concept of lawfulness of the evidence or integrity of the administrative proceedings because the concept is not strictly legal, is not derived from a single source and the criminal legislation does not explicitly provide for it. The public feature is determined only through some legislative applications and the efforts of jurisprudence opinions and judicial decisions. Thus, the defendant's innocence and conviction depend on the evidence, if this evidence is valid and legitimate, and if the evidence provided for the acquittal is unlawful, can it be taken into account to establish the truth of the charge?

Keywords:

employee, public facility, responsibility, investigation, invalid evidences

Published

2023-09-10

Versions

How to Cite

المحمدي ح. ا. ف. ك., & ا.م.د. محمد احمد رحيل. (2023). The Validity of the Evidence Obtained Illegally in the Administrative Investigation: Doi:https://doi.org/10.37940/JRLS.2023.4.1.15. Research Journal for Legal Sciences, 4(1 الجزء 2). Retrieved from https://uofjls.net/index.php/new/article/view/145